Commonwealth v. Jensky

This is & criminal complaint brought in a District Court charging the defendant with being “found in a place, to wit: in a room in the rear of the cafe situated at No. 81 Broadway . . . Lawrence with apparatus and certain devices, to wit: memoranda of bets, for registering bets” upon horse races. G. L. (Ter. Ed.) c. 271, § 17. Upon appeal he was found guilty by a judge of the Superior Court sitting without jury. The defendant’s exceptions *351relate to the admission of evidence and to the denial of his motion for a finding of not guilty.

The evidence was entirely from witnesses called by the…